Citation Nr: 0521785
Decision Date: 08/11/05 Archive Date: 08/19/05
DOCKET NO. 04-18 683 ) DATE
)
On appeal from the decision of the
Department of Veterans Affairs Regional Office in Salt Lake
City, Utah
THE ISSUE
Entitlement to Vocational Rehabilitation and Employment
services under Chapter 31, Title 38 U.S.C.A.
REPRESENTATION
Appellant represented by: The American Legion
ATTORNEY FOR THE BOARD
C. Chaplin, Counsel
INTRODUCTION
The veteran had active duty from March 1944 to June 1945.
This matter comes before the Board of Veterans' Appeals
(Board) from a February 2004 determination of the Department
of Veterans Affairs (VA) Vocational Rehabilitation and
Employment (VR&E) services office in Pocatello, Idaho,
wherein the VR&E determined that the veteran did not qualify
for VR&E services.
FINDING OF FACT
On August 3, 2005, prior to the promulgation of a decision in
the appeal, the Board received written notification from the
appellant, through his authorized representative, that a
withdrawal of this appeal is requested.
CONCLUSION OF LAW
The criteria for withdrawal of a Substantive Appeal as to the
issue of entitlement to VR&E services by the appellant,
through his representative, have been met. 38 U.S.C.A.
§ 7105(b)(2), (d)(5) (West 2002); 38 C.F.R. §§ 20.202, 20.204
(2004).
REASONS AND BASES FOR FINDINGS AND CONCLUSION
Under 38 U.S.C.A. § 7105, the Board may dismiss any appeal
which fails to allege specific error of fact or law in the
determination being appealed. See also 38 C.F.R. § 20.202
(2004). A Substantive Appeal may be withdrawn in writing at
any time before the Board promulgates a decision. 38 C.F.R.
§ 20.204 (2004). Withdrawal may be made by the appellant or
by his or her authorized representative. 38 C.F.R. § 20.204
(2004). The appellant, through his authorized
representative, has withdrawn this appeal and, hence, there
remain no allegations of errors of fact or law for appellate
consideration. Accordingly, the Board does not have
jurisdiction to review the appeal and it is dismissed.
ORDER
The appeal is dismissed.
____________________________________________
ANDREW J. MULLEN
Veterans Law Judge, Board of Veterans' Appeals
Department of Veterans Affairs